2008/11/26 - Pl. ÚS 19/08: Treaty of Lisbon I

26 November 2008

Petition from the Senate of the Parliament of the Czech Republic, seeking review of whether the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community is consistent with the constitutional order of the Czech Republic.

ABSTRACT

Headnotes

The

transfer of powers of bodies of the Czech Republic to an international

organization under Art. 10a of the Constitution of the Czech Republic

(the “Constitution”) can not go so far as to violate the very essence of

the republic as a democratic state governed by the rule of law, founded

on respect for the rights and freedoms of human beings and of citizens,

and to establish a change of the essential requirements of a democratic

state governed by the rule of law (Art. 9 par. 2 in connection with

Art. 1 par. 1 of the Constitution).

If,

on the basis of a transfer of powers, an international organization

could continue to change its powers at will, and independently of its

members, i.e. if a constitutional competence (competence relating to

competence) were transferred to it, this would be a transfer

inconsistent with Art. 1 par. 1 and Art. 10a of the Constitution.

The

Treaty of Lisbon does not have such consequences in relation to the

European Union, and the reviewed provisions thereof are consistent with

the constitutional order of the Czech Republic.

In

proceedings concerning whether an international treaty is consistent

with the constitutional order, the Constitutional Court is bound by the

scope of a proper petition to open proceedings. Its review concentrates

only on those provisions of the international treaty whose consistency

with the constitutional order the petitioner questioned expressly, and

with justification.

The Judgment and Proceeding before the Constitutional Court

In

its judgment of 26 November 2008, in a proceeding under Art. 87 par. 2

of the Constitution on the consistency of an international treaty with

the constitutional order, opened upon a petition from the Senate of the